Opinion
Submitted January 2, 1968
Decided January 4, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Louis Zimmerman for motion.
Nurnberg, Byrne Klein opposed.
Motion denied without prejudice to such action as respondent may deem appropriate under rules I, VI and VII of the Rules of the Court of Appeals. The appeal was properly taken from the order of the Appellate Division dated July 5, 1967 (CPLR 5512, subd. [a]).